Syllabus: General Studies Paper 3

Context:

Despite the announcement by the Prime Minister to repeal the three farm laws, farmers have said their protest will continue — and have written to the PM with their six remaining demands, including, most importantly, a legal mandate for minimum support prices (MSP).

Core demands of farm unions

• Minimum Support Price based on the comprehensive cost of production should be made a legal entitlement of all farmers for all agricultural produce so that every farmer of the country can be guaranteed at least the MSP announced by the government for their entire crop.
• Guaranteed MSPs
  • As the name suggests, MSPs are the prices at which, on paper, the government promises to procure agricultural produce from farmers. 
  • At present, the government announces MSPs for 23 crops, but procurement happens only for a few among them. Also, procurement varies quite a lot across states.
• While the government does announce MSPs every year, it is not required to do so by law. The compulsion to procure on MSP is political, not legal. 
• But if there were to be a law backing the MSP regime, the government would lose its existing discretion in choosing not to procure.
• A legal mandate for MSP would force the government to purchase all the produce that any farmer wants to sell at the declared MSP. It would also have to procure from all states and all crops for which MSPs are announced.

Problem with this

• India has had MSPs for several crops for several decades now, but that has not resolved the problem of agrarian distress. 
• On the other hand, a guaranteed MSP can have quite a few unintended consequences that might make the attempted cure worse than the disease. 
  • A good example is from the United States, during the presidency of Jimmy Carter between 1977 and 1981.
  • To alleviate the economic condition of dairy farmers, Carter announced that the price of milk would go up by 6 cents per gallon every 6 months. 
  • But to maintain these prices, the Carter administration had to increase the demand for milk. 
  • It chose to do so by offering to buy as much cheese as anyone would sell to the government at a predesignated price. This was, in essence, a ‘guaranteed MSP’.
  • As the months and years rolled by, more and more cheese was produced and sold to the government. 
  • But the government did not know what to do with it. It ran out of space and had to rent several caves to store the cheese. 
  • By 1981, Carter’s dairy support programme was costing American taxpayers $2 billion every year, while the government was stuck with mountains of unutilised cheese.
  • The administration of President Ronald Reagan who succeeded Carter stopped the automatic increases in prices, gave the cheese away for free, and paid dairy farmers to cut down on the production of milk.
• In India, the percentage of people involved in agriculture is far higher, and they are far more economically distressed than any Western country. 
• A legally mandated MSP regime is likely to be neither feasible nor sustainable in the long run. 
• Already grain stocks lying with the government are more than twice its buffer requirement, and sometimes end up rotting.

Syllabus: General Studies Paper 3

Context:

On 16 November, Russia destroyed one of its old satellites by causing a tail-on collision with an ASAT rocket it had fired, at an altitude slightly higher than that of the International and Chinese space stations. The thousands of pieces of debris that resulted now pose a risk to space-station astronauts, other spacecraft that occupy low-earth orbits and launch vehicles destined for higher orbits.

• Junk from the Russian test is expected to intersect with the International Space Station’s (ISS) orbit 31 times a day, before spreading out further.
• Space debris moves faster than bullets and even tiny bits have enough kinetic energy to severely damage spacecraft.
• The lower the elevation of the fragments from the earth, the sooner the junk will fall back upon the planet and burn up in the atmosphere.
• Debris at higher altitudes can remain in space for years and decades before falling down.
• Space is vast, but the probability of collision increases with the number of objects in orbit.

INDIA’S ANTI SATELLITE TEST: MISSION SHAKTI

• India in 2019 became the fourth country after US, Russia and China to acquire the capability of space warfare after completing its first successful attempt at shooting a satellite in Low Earth orbit
• Mission Shakti is a joint indigenous program of the Defence Research and Development Organisation (DRDO) and Indian Space Research Organisation (ISRO) to develop high potent anti-satellite weapons (ASAT)
• It has propelled India to the coveted space super bar league and now India will have the capability to decimate satellites for military and strategic purposes.
• The ASAT missiles can be sea, air or land-based

SIGNIFICANCE  FOR INDIA

The strategic dimension of the exercise

• Earlier outer space was the preserve of great powers reflecting the bipolar dynamics of the cold war.
• However, in 21st-century space activities reflect the ongoing global power transitions particularly with the rise of China and India
• Satellites in outer space in a below range of functions influencing strategic decisions like surveillance, reconnaissance, communication, navigation,  targeting etc . Thus, the use of weapons in space marks a distinct transformation

Security concerns                                                               

• China joined the ASAT club in 2007, this also prompted the United States to conduct a reciprocal test in 2008. Hence, India was catalysed for the establishment of integrated space cells for space security in India
• China and India are perennial adversaries and political, territorial and strategic animosities continue to endure
• The use of nuclear arsenal comes under heavy cost in the case of Pakistan since it is a terrestrial power
• Pakistan presumes that no first use policy of India’s nuclear regime gives it an advantage but with the development of anti-satellite capabilities India would be in a position to destroy  any incoming Pakistani Nuclear missile

Network-centric warfare

• Outer space is integral to contemporary military operations in irreversible and multiple ways.
• Network-centric warfare implies Synergy among soldiers,weapons , commanders and support systems at all levels which is primarily achieved through satellite communication and satellite navigation

CONCERNS ASSOCIATED WITH ANTI SATELLITE TESTS

The concerns are twofold-

• Such tests are detrimental to space security
• A state demonstrating its capabilities can spur reactionary tests from other nations
• The geopolitical aspect of destructive ASAT testing, thus, encourages further displays and development of offensive technology
• The physical aspect of destructive ASAT testing also amplifies the critical issue that space debris constitutes a threat to states’ space systems.
• They can produce adverse changes in the space environment.
• Kessler Syndrome- due to the potential cascading effect of each of these individual pieces of debris to create further debris by colliding with each other
• While the debris from some tests may have deorbited, numerous pieces continue to pose a threat

Data

• In February 2020, the European Space Agency (ESA) estimated there are approximately 34 000 pieces of space debris larger than 10 centimetres, 900 000 objects between 1 cm and 10 cm and 128 million objects between 1 millimetre and 1 cm.
• 42 Collisions have been recorded between space debris and both active and defunct space objects.

INTERNATIONAL INSTRUMENTS 

The UN Outer Space Treaty of 1967

The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, was the first binding multilateral space treaty and has the objective of ensuring the peaceful use and shared benefits of outer space amongst all nations

Liability Convention

Convention on International Liability for Damage Caused by Space Objects (1972). There are two proposed liability schemes under the convention.

• The first scheme would apply in a situation in which the debris from an ASAT test damages a passing flight.
• The second envisaged situation is one wherein the debris damages another state’s space object.

International instruments: Non-binding and voluntary

• Political dynamics in the space arena have evolved since the space treaties were enacted. At the time, the Soviet Union and the USA were the dominant space powers, and they pursued negotiations of the treaties
• To ensure the shared and peaceful use of the space domain. Other states have, however, also developed significant spacefaring capabilities since the 1960s. These include China, France, India and the United Kingdom.

Failure of UN Regulations

• The UN has made several attempts to introduce new international regulations.
• In 1981 the UN General Assembly adopted a resolution on the ‘prevention of an arms race in outer space (PAROS)
• This resolution continues to be adopted annually, but there is little substantive progress on concrete measures.
• The UN also constituted Groups of Governmental Experts (GGEs) in 1993 and 2013 to study transparency and confidence-building measures in outer space.
• However, the UN Conference on Disarmament has since struggled to develop further measures under PAROS. Progress is impeded by two opposing views.
• Some states, notably China and Russia, insist on a commitment in the form of a binding treaty (first proposed in 2008), while the USA has firmly advocated for a non-binding instrument

WAY FORWARD

Adopt an inclusive approach 

• Space security is a highly sensitive issue given the dual-use nature of space, rising competition for commercial activity and geopolitical tensions.
• States can respond negatively to one-sided framing of a new measure like developing countries that are  just starting their space programmes
• By adopting an inclusive approach, the new measure can go a long way in assuring non-Western states that dialogue for space security can be conducted on equal footing, rather than focus exclusively on the inputs of traditional space powers

Clarify enforceability

• A new policy should be clear on the enforceability of the instrument (i.e. binding or non-binding).
• A new binding multilateral space law instrument appears unlikely despite being desirable. Thus, the new measure would have to be a ‘soft’ law, one that is voluntary for states.
• If the instrument is voluntary, it will nonetheless have the ability to eventually crystallize into a binding source of customary law if it is complied with by enough countries.

Syllabus: General Studies Paper 2

Context:

A Chinese envoy has lobbied Southeast Asian nations to let Myanmar’s military ruler attend a regional summit being hosted by China’s President next week but has met stiff opposition.

THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN)

It is a regional organization established for the promotion of political & social stability amid rising tensions among the Asia-Pacific’s states.

It is an intergovernmental organization of ten Southeast Asian countries: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

PRINCIPLES OF ASEAN

• Mutual respect for the independence, sovereignty, equality, territorial integrity, and national identity of all nations
• The right of every State to lead its national existence free from external interference, subversion, or coercion
• Non-interference in the internal affairs of one another
• Settlement of differences or disputes in a peaceful manner
• Renunciation of the threat or use of force
• Effective cooperation among themselves

INSTITUTIONAL MECHANISM

Chairmanship of ASEAN- based on the alphabetical order of the English names rotates annually among the member states.

ASEAN Summit:  It is the supreme policy-making body that sets the direction for ASEAN policies & objectives. According to the charter, it meets twice a year.

ASEAN Ministerial Councils: There are 4 ministerial councils to support ASEAN-

•  ASEAN Coordinating Council (ACC)
• ASEAN Political-Security Community Council
• ASEAN Economic Community Council
• ASEAN Socio-Cultural Community Council

Decision Making:  Consultation & consensus are primary modes of decision-making at ASEAN

ASEAN-LED FORUMS

ASEAN Regional Forum (ARF): the twenty-seven-member multilateral grouping was launched in 1993 to develop and facilitate cooperation on political & security issues for regional confidence-building & preventive diplomacy.

ASEAN Plus Three:  It is a consultative group consisting of ASEAN’s ten members along with China, Japan, & South Korea initiated in 1997

East Asia Summit (EAS): The summit was first held in 2005. It aims to promote security and prosperity in the region. Heads from ASEAN, Australia, China, India, Japan, New Zealand, Russia, South Korea, and the United States usually attend this summit

SIGNIFICANCE OF ASEAN

• As compared to what its members could have achieved individually, ASEAN commands far greater influence on Asia-Pacific trade, political, and security issues
• Demographic dividend – It consists of the third-largest population in the world, of which more than half is below 30years of age.
• Economic:
• The third-largest market in the world – larger than EU and North American markets.
• The sixth-largest economy in the world, Third in Asia.
• Free-trade agreements (FTAs) with China, Japan, South Korea, India, Australia and New Zealand.
• 4th  most popular investment destination globally.
• The rising importance of trade to ASEAN’s economic prospects led to increasing in its share of global exports from only 2 %  in 1967 to 7 %  by 2016
• The transport and connectivity potential has been increased by the ASEAN Single Aviation Market & Open Skies policies
• By building much-needed norms and fostering a neutral environment to address shared challenges ASEAN has contributed to regional stability 

CHALLENGES

• • Inequality between rich and poor ASEAN member states -Cambodia’s per capita GDP is the lowest at less than $1,300, while Singapore boasts the highest GDP per capita—nearly $53,000 (2016
  • The less developed countries could not incorporate many regional initiatives into national plans since they faced resource constraints to implement the regional commitments.
  • The political systems of members are equally mixed with democracies, communist, as well as authoritarian states.
  • The rifts in the organization have been exposed by the issue of the South China Sea. It has not been able to negotiate a unified approach with regards to China
  • The organization had divided opinion over some major issues of human rights like Violence against the Rohingya in Myanmar
  • The difficult problems have been avoided rather than confronted because of  emphasis on consensus which sometimes makes it a chief drawback 

• Whether it be in the economic or political spheres there is no efficient dispute-settlement mechanism

INDIA AND ASEAN

Two of the largest and most prosperous entities

•  India’s present GDP amounts to the US $3.4 trillion, while the combined GDP of the ASEAN countries is over US $4 trillion
• Both ASEAN and India reached 5-7 per cent growth rates over the past two decades, with India slightly ahead owing to its rising status.
• India’s population is approximately 1.3 trillion people, while ASEAN’s is slightly below half of India

Rising powers in the Asian regional environment

• They have the capability and the capacities to command remarkable influence, which may eventually be on par with their contemporaries such as the United States, China, the European Union, and Japan. 

Association between India and ASEAN 

• India became a sectoral dialogue partner of ASEAN in 1992, which was followed by an elevation to the apex-level full dialogue partnership, three years later. 
• India also became a member of the influential ASEAN-adjunct regional conference, the ASEAN Regional Forum (ARF), which focuses on political and security dimensions for ASEAN

Full dialogue partner status to India

• It has also  become a member of the ASEAN Defence Ministers’ Meeting Plus (ADMM+), which  discusses defence issues of pivotal significance between ASEAN countries and all of its dialogue partners

Issues between ASEAN and India

• Asian security dilemma
• Nuclearisation of the Indian subcontinent 
• A plethora of issues concerning the implementation of an ASEAN-India Free Trade Area (AIFTA)
• The balance of power that risks being left ‘off balance’ and bearing the possibility of having to assume an anarchic nature owing to the region’s delicate current balances. 

Syllabus: General Studies Paper 2

Context:

In the wake of the violence that rocked Amravati last week, the Women and Child Welfare minister said that the violence was planned. A senior Congress leader termed the happenings as an intelligence failure. Another minister rightly said that protest and expression is anyone’s right. Making it violent deliberately is not constitutional.

ARTICLE 19

• Article 19 guarantees freedom of speech and expression there are two significant aspects involved-

• Instrumental aspect- it acts as an instrument to promote democracy, truth and acts as a watchdog
• Intrinsic value- the article has value in itself in order to achieve the fullest capacity of an individual

• The right to peaceful protest is guaranteed under article 19 all fundamental rights to the citizens of the country
• It is implicit under the right to assemble peacefully without arms
• The right to associations becomes the right to associate for political purposes like to collectively challenge government decisions and to even aim peacefully and legally the displacement of government
• This is the basis of a multi-party system where opposition parties are valuable adversaries and not enemies and compete healthily for a political party
• The right to peacefully assemble allows political parties and citizenship bodies like University student groups to question and object to acts of government by demonstration, agitations and public meetings to launch the sustained protests

SUPREME COURT CASES

Shreya Singhal case

Section 66A of the Information Technology Act was declared null and void by the apex court. The Supreme Court observed that the section was vague as it had a chilling effect on freedom of speech & expression. The  court came up with the difference between discussion, advocacy and incitement

Anita Thakur case

The Supreme Court noted that organised and non-violent protests were key weapons in the struggle for independence.

A distinguishing  feature of any democracy is legitimate dissent and the court said that the right to peaceful protest is a fundamental right

Ramlila Maidan incident- supreme Court stated that citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action

DEMOCRATIC INDEX

• The democratic index is a report published by economist intelligence unit India stands at 51st position and dropped by 10 ranks
• According to the report, the primary cause of this lowering of rank is the erosion of civil liberties in the country it also criticized the international downs and categorised India as a flawed democracy
• The report used the term democratic regression because of erosion of civil liberties, imposition of section 144

MASS MOVEMENTS IN INDIA

• The movement for India’s freedom was itself a mass movement
• India has witnessed a lot of mass movements in the past like the Jayaprakash Narayan movement, Anna Hazare’s  anti-corruption movement, Chipko movement
• New social movements Nirbhaya case farmers movement and also many leaderless movements

SIGNIFICANCE OF RIGHT TO PROTEST

• There is the instrument as well as the intrinsic value attached to freedom of speech and expression
• The right to protest is implicit in other rights like the right to associate and assemble
• It facilitates active citizenship and political freedom
• Right to protest helps in keeping a check on abuse of power
• The right exercise by citizens makes law making a more inclusive and efficient process
• Example anti-citizenship amendment protest- the process became more inclusive by the mass movement it and large scale participation of students and women
• LGBT community- the consistent peaceful protest by the community led to the transformation of the constitution in the Navtej Singh Johar case and the court has taken the counter-majoritarian role

Electoral Federalism

• Since the opposition is not having a major role to play in the parliament, states are becoming a strong opposition voice. State government surfing the opposition deficit
• Voters are voting in two different manners: general elections and state elections. The contradictory baton of voting also leads to the division of pass

2 core political rights of democracies

Right to vote – the right of every citizen to elect freely the government and when dissatisfied with its performance to vote it out of power in a legitimately held election (Article 326)

To politically participate not only during but between elections- the right to protest to publicly question and force the government to answer is a fundamental political right of people that flows directly from a democratic reading of Article 19

CHALLENGES

How are States responding?

According to experts, there is a different level of protests-

Hot clampdown

The protectors are suppressed so that they will give up, this is the nature of an authoritarian state

People’s power 

The protester succeed in resulting in the government’s backdown 

Example- India’s independence movement

A cold frizzle 

In this, the dilution of enthusiasm leads to a gradual loss of momentum among the protesters

Prolonged confrontation

Neither the protectors nor the government is backing down. It may lead to other incidents like destruction of public property change in government’s plan etc

Example Hong Kong protests

Syllabus: General Studies Paper 2

Context:

The All-India Presiding Officers’ Conference (AIPOC) ended with the delegates failing to reach a consensus on whether the Speaker’s powers under the anti-defection law should be limited while reiterating an earlier resolution that there should be no disruptions during Question Hour and the President’s and Governor’s address to the House.

OFFICE OF SPEAKER OF LOK SABHA

Article 93 of the Constitution provides for the election of the Speaker, which heads the lower house of the parliament. 

Origin- The institution of Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms) 

Provisions for Independence of Speaker 

 Security of tenure: Removal of speaker needs a resolution to be passed by effective majority >50% of total strength excluding vacancies

Salary and allowances: It is charged on the Consolidated Fund of India.

 Restrain on Criticism: His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion

ROLE OF SPEAKER

With respect to Parliament:

•  Guardian of Parliamentary conventions: The speaker ensures the continuous traditions of parliamentary conventions in India. 
• Joint Sitting: The speaker presides over Joint sitting [ Article 108] 
• Powers w.r.t. Money Bill: The Speaker is solely responsible for endorsing Money Bill [Article 110(1)] 
• Ensuring the effectiveness of Committees: Appoints chairpersons of all the parliamentary committees of the Lok Sabha and supervises their functioning. Example: Speakers like Shivraj Patil, played a crucial role in initiating 17 departmental standing committees. 

With respect to Lok Sabha

• Maintains decorum in the House: Speaker can take disciplinary actions to ensure the discipline of the House. E.g. The Speaker can suspend MPs disrupting proceedings of Lok Sabha. 
• Disqualification of members under Anti defection Law: As per 10h schedule, the speaker has the power to decide over the issue of disqualification of the legislator on grounds of defection. 
• Resolves deadlock: A Speaker uses his/her power to vote, in order to resolve a deadlock
•  Final Interpreter of Rules of Procedure: The business of the House is conducted according to definite and settled rules of procedure
•  Safeguards Privileges of Members: The speaker safeguards rights and privileges of members of Lok Sabha. E.g. No person can be arrested within the precincts of Lok Sabha without the permission of the Speaker. 
• Power to Adjourn the House: The speaker adjourns the House or suspends a meeting in the absence of a quorum. 
• Fix the Agenda of the House: The Speaker, in consultation with the business committee and the Prime Minister, fixes the agenda of the meetings of the House. 
• Permission to ask questions: The permission of the Speaker is necessary to ask questions to the ministers. This helps the speaker to prevent unnecessary and politically motivated questions while ensuring discussion on the important questions. 
• Introduction of Bills: Bills, reports, motions and resolutions are introduced with Speaker’s permission.

Administrative Role

• Head of the Secretariat: The Speaker is also the head of the Lok Sabha Secretariat and has authority over the Secretariat staff of the House. 
• Parliament House: No alteration can be made in the Parliament House and no new structure can be created in Parliament Estate without the Speaker’s permission.
• Communication: It is through the Speaker that the decisions of the House are communicated to individuals and authorities outside the Parliament. 
• Prescribes format: Speaker decides the form and manner in which the proceedings of the House are published. 

 Inter and Intra parliamentary Relations

• Chairman of the Indian Parliamentary Group: The speaker is a link between the Parliament of India and the various parliaments of the world. 
• Other Legislative bodies’ conference: Acts as the chairman of the conference of presiding officers of legislative bodies in India. 

ISSUES WITH THE POST OF SPEAKER

• Impartiality: Speaker is elected to the house on a Political party’s ticket, hence jeopardizing his/her Impartiality. Speaker is politically more liable to favour his party.
• Disqualification of members: 
• The role of the speaker has been criticised for disqualification of MLAs under the anti-defection law and their ruling has been challenged in courts. 
• There is a huge scope of discretion which has resulted in partisan behaviour towards ruling parties as seen in Uttarakhand and Arunachal Pradesh.
• No time limit has been prescribed in the constitution for the delay in decisions.
• In the Kihoto Hollohan case, 1992 the SC declared that the speaker is subject to judicial review. 
• Discretionary power: There are various instances where discretionary power to ascertain any bill as a Money Bill is misused. E.g. Criticism when the Aadhar bill was introduced in Lok Sabha as Money Bill.
• Judicial Review in Money Bills: In matters of declaration of Money Bill, the decision of the speaker is beyond judicial review
•  Increased disruption: Frequent disruptions due to lack of proactiveness of speaker reduce the time required for important discussions.
• Discretion in Rules interpretation: Speaker has the power to interpret Lok Sabha rules, which sometimes bring partisan behaviour towards the ruling party. 

Why the Speaker prefers to maintain party membership 

Lack of Protection to office: The electoral system and conventions in India have ‘not developed to ensure protection to the office, there are cogent reasons for Speakers to retain party membership.

 Elections: Elections are not always by consensus and there have been cases when different parties have fielded their own candidates.

 Next Term of Elections: All political parties campaign in the constituency of the Speaker. Bleak chances of Reappointment: Even if the Speaker is re-elected to the House, the office of the Speaker in India is still open for elections

Syllabus: General Studies Paper 3 

Context:

The annual climate change summit came to an end with the adoption of a weaker-than-expected agreement called the Glasgow Climate Pact. 

Background

• The Glasgow meeting was the 26th session of the Conference of Parties to the UN Framework Convention on Climate Change or COP26. 
• Earlier, these meetings have also delivered two treaty-like international agreements, the Kyoto Protocol in 1997 and the Paris Agreement in 2015.
• While the Kyoto Protocol expired last year, the Paris Agreement is now the active instrument to fight climate change.

• It requested countries to update and strengthen 2030 emission targets in their NDCs by the end of 2022.
• It created a benchmark of five-yearly cycles for updates, urged countries to prepare long-term emissions strategies, and strengthened mechanisms to scrutinise both.
• Success at Glasgow was explicitly defined around ‘keeping 1.5 degrees alive’ through such pledges. The 2015 Paris agreement aims to keep global warming below 2C Celsius and endeavour to reach 1.5C.
• It showed that limiting warming to 1.5º° is still technically feasible, but only just. 
• In the jargon of climate negotiations, Glasgow clarified the ‘ambition cycle’, and this appears to have had results in the form of enhanced pledges.

Review of Glasgow pact:

• There were two important ‘nuts and bolts elements of the ‘Paris Rulebook’ that were fixed in Glasgow. “Paris Rulebook” provides detailed guidance on how countries must carry out the vision for a zero-carbon future set out in the Paris Agreement.
  • First, the transparency framework was completed. It includes reporting rules and formats for emissions, progress on pledges and financial contributions. While India and some other countries pushed for separate rules for developed and developing countries, the Glasgow outcomes narrowed this gap. 
  • The second key was the completion of agreed rules for carbon markets. Credits generated from earlier periods, including through the Clean Development Mechanism were permitted, but only from 2013 onwards. Rules were put in place to limit the scope for ‘double-counting of credits by more than one country.
• The Paris, and Glasgow, approach focusing on target-setting gives insufficient importance to the challenge of implementing those targets. 
• Long-term aspirational targets to ‘keep 1.5 alive’ got the focus, but detailed shorter-term 2030 targets have received less attention. 
  • A focus on shorter-term targets and their implementation, which India has been highlighting, is needed.
• Finance, the central issue: Climate finance promised to be the central issue of COP26. 
  • The developing countries have been complaining that the decade-long commitment of $100 billion had not been met. 
  • Glasgow only established a work programme on post-2025 financing and continued tracking progress on the $100 billion. It called for double adaptation finance by 2025. 
  • Since current levels of finance are already low, this implies mobilising about $40 billion, which is well short of estimated needs; the United Nations finds current needs are $70 billion. 
• Focus on private financing: South Africa announced it had received multi-donor support of $8.5 billion to support a ‘just transition’ out of coal, and India is reportedly negotiating support from the World Bank to address coal mine closures. 
  • Companies committed to net zero initiatives could get $130 trillion. It suggests a growing effort to mobilise private finance. 
  • Developing countries have long insisted that publicly funded climate finance is a right devolving from the ‘polluter pays’ principle rather than aid. 
  • Now access to substantial funds may require embracing a more multi-stranded approach.
• On coal use: There is a clause calling for the ‘phase-down of unabated coal power and phase-out of inefficient fossil fuel subsidies. 
  • India read out an amendment modifying ‘phase-out’ to ‘phase-down for coal, among other changes. 
  • India’s real concerns included not precluding subsidies for social purposes, such as for cooking gas; all countries should be asked to limit coal use at the same time and noting the lack of mention of oil and gas.
  • The term ‘phase-out’ is of considerable importance to vulnerable countries, and that India introduced the amendment, has given us a bad diplomatic reputation.
  • From an environmental point of view, a more explicit discussion of coal, but ideally all fossil fuels, is positive, including for India. 
  • From a developmental view, however, India is concerned that explicit mention of coal constrains us in our choice of fuel. 
  • A possible way out is for India to explicitly seek global support for an accelerated transition away from coal.
• Ignoring CBDR: By calling on countries to strengthen targets to align with the Paris Agreement objectives without explicitly considering CBDM, ignores the long-standing issue of climate equity. 
  • Common But Differentiated Responsibilities (CBDR) is a principle that acknowledges different capabilities and differing responsibilities of individual countries in addressing climate change.
• Adaptation is preparing for the reality that some climate impacts are unavoidable. It has long been neglected in global negotiations. It reflects a global power imbalance that places less weight on the concerns of vulnerable nations. 
  • Glasgow set up an explicit two-year work programme for a ‘global goal’ on adaptation.
  • But, the important complementary agenda of ‘loss and damage’ – was not agreed upon.
  • The mechanism was set up at the 2013 Warsaw CoP under pressure from developing countries to address the climate liability of developed countries in addressing the damages already incurred by developing and vulnerable countries.
  • At the core is the fear among some developed countries that taking forward the loss and damage agenda will open the door to a call for reparations.

Syllabus: General Studies Paper 2

Context:

The transfer of Chief Justice Sanjib Banerjee from being at the helm at the Madras High Court, India’s fourth-largest court with a sanctioned strength of 75 judges, to the Meghalaya High Court with a sanctioned strength of only four has raised questions about transparency in transfer and appointment of judges.

CONSTITUTION

Articles 124(2) and Article 217- governs the appointment of judges to the Supreme Court and High Courts respectively. The President has the power to make the appointments after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary.

Article 222- deals with the transfer of judges-  The President may, after consultation with the Chief Justice of India (CJI), transfer a judge from one high court to another

APPOINTMENT OF JUDGES

Appointment of chief justice of India

• The chief justice is appointed by the president strictly on the basis of seniority and outgoing CJI recommends his successor.
• Supreme Court in second judges case ruled that senior-most judge of Supreme Court should alone the appointed to the office of chief justice of India

Judges of the supreme court

• The judges of the supreme court are appointed by President in consultation with the chief justice and such other judges of the supreme court and high courts as the president made deem necessary
• The consultation with chief justice is obligatory in case of appointment of judge other than the chief justice
• Supreme Court in third judges case ruled that consultation process should include chief justice of India along with collegium of 4 senior-most judges of the supreme court
• The court also held that the recommendations made by the chief justice of India without complying with the norms of the consultation process are not binding on the government 

Appointment of chief justice of High Court

• Chief justice is appointed by the president after consultation with the chief justice of India and the governor of the state concerned

Appointment of judges at the high court

• Judges other than the chief justice of the concerned High Court are appointed by the president in consultation with the CJI, governor of the state and also the chief justice of the concerned high court. 
• In the third judges case, Supreme Court ruled that in the case of appointment of High Court judges, the chief justice of India should consult of two senior-most judges of the supreme court and that the sole opinion of the chief justice of India does not constitute the consultation process

RECALLING THE HISTORICAL CONTEXT (IMPORTANT CASES)

•  Suppression & transfer of judges in 1970s- There was supersession of multiple judges in the appointment of the Chief Justice of India & also the transfer of several High Court Judges.
•  Sankalchand H Sheth case

• A five-judge bench of the Supreme Court interpreted Article 222  post-Emergency. The court held that the transfer of a judge from one court to another inflicts many injuries on the individual.
•  It noted that the consent of the judge proposed to be transferred as part of the scheme and language of Article 222.
•  The court also held that if the power of transfer is vested solely with the executive, it undermines judicial independence and eats into the basic features of the Constitution.

• First Judges Case ( S P Gupta v Union of India,1981) — the Supreme Court ruled that the President does not require the “concurrence” of the CJI in the appointment of judges. The ruling affirmed the pre-eminence of the executive in making appointments.
• Second Judges Case (Supreme Court Advocates-on-Record Association v Union of India, 1993)- a nine-judge Constitution Bench evolved the ‘collegium system’ for appointment and transfer of judges in the higher judiciary. The concurrence means- concurrence of the Supreme Court as an institution and is arrived at by the CJI including discussion with the two senior-most judges.
• Third Judges case(1998)-The collegium was expanded to include five senior-most judges, including the CJI in the Third Judges Case in 1998.
• K Ashok Reddy case(1994)-

• The apex Court specifically dealt with the question of the transfer of judges of high courts.
• The court observed that the absence of norms and guidelines in Article 222 seemed to be deliberate, as the power is vested in high constitutional functionaries.
•  It was also held that the power of transfer can be exercised only in the public interest for promoting better administration of justice throughout the country.
• The court in this case also observed that primacy of the judiciary in the matter of appointments and its determinative nature in transfers introduces the judicial element in the process.
•  Hence, it is  sufficient justification for the absence of the need for further judicial review of decisions, that is ordinarily needed as a check against possible executive excess of arbitrariness

NEED OF RE-EXAMINATION OF JUDICIAL APPOINTMENT PROCESS

Transparency & Accountability 

• The public has the right to know-As held in K Ashok Reddy Case, transfers are based on public interest. So, the public should have a right to know the reasons for such transfers as well.
• Stakeholders involved-The material that is considered when a transfer of a judge is being deliberated should be shared with the concerned judge and all stakeholders

Larger good of the judicial institution

• The notion of false means- When the judiciary misses no opportunity to uphold the basic structure doctrine and preserve at all cost its independence, there is a need for transparency in judicial functioning to dispel all notions of favouritism, bias or governmental interference.
• Speculations- When reasons for transfer are not known, it leads to speculation that only inconvenient judges get transferred. This could be seen as degrading the work a judge is doing.

Reasonableness of the appointment

• The Appointment of Judges by the Collegium system is opaque and lacks accountability on the part of the Judiciary.
•  The 2nd Administrative Reforms Commission observed that no other country in the world does the judiciary have a final say in its own appointments. In India, neither the executive nor the legislature has much said in who is appointed to the Supreme Court or the High Courts.

Pendency of cases

• There was a lack of implementation, one of the major reasons for the vacancy in the courts & thus pendency of cases.

WAY FORWARD

International Practices-

• No other country in the world leaves judicial appointments solely to the judiciary, there are several methods and balances to protect the Independence of the Judiciary.
• In England, judges (other than the Supreme Court judges) are appointed on the recommendation of the Judicial Appointments Commission (JAC). It recommends names on merit by open competition and also has a specific statutory duty to ‘encourage diversity in the range of persons available for selection for appointments’.
• In Australia, judicial commissions invite the “expression of interest” from the members of the Bar through public advertisements to enable the appointment of judges in a transparent manner.

Retirement age of High Court Judges

• The 1st Law commission in its 14th report on ‘Reforms of the Judicial Administration’- recommends that the retirement age of the High Court judges should be increased to 65 years, the same as that of Supreme Court judges.
• The age difference acts as a carrot and is exploited by the executive as well as some judges of the Supreme Court. 
• There are many instances of brilliant judges being ignored and not so worthy elevated.

Syllabus: General Studies Paper 2

Context:

Recently, NITI Aayog has released a comprehensive report titled Health Insurance for India’s Missing Middle. The report aims for a credible pathway to universal health coverage (UHC) for India.

• Covering the left out a segment of the population, commonly termed the ‘missing middle’ sandwiched between the poor and the affluent, has been discussed by the Government recently. 

Key points of the report

• At least 30 per cent of the population called the ‘missing middle’ – are devoid of any financial protection for health.
  • The Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) launched in September 2018, and State Government extension schemes, provide comprehensive hospitalization cover to the bottom 50% of the population. 
    • PMJAY offers a sum insured of Rs. 5 lakh per family for secondary care as well as tertiary care. For the beneficiaries, this is a free scheme.
  • Around 20% of the population are covered through social health insurance and private voluntary health insurance. 
  • The remaining 30% of the population is devoid of health insurance; the actual uncovered population is higher due to existing coverage gaps in PMJAY and overlap between schemes.”
• The report proposes voluntary, contributory health insurance dispensed mainly by private commercial health insurers as the prime instrument for extending health insurance to the ‘missing middle. 
• The Pradhan Mantri Jan Arogya Yojana (PMJAY) scheme should be extended to cover a section of people without health insurance.
• Government subsidies will be reserved for the very poor within the ‘missing middle’ and only at a later stage of the development of voluntary contributory insurance. 
• The report has recommended three models for increasing the health insurance coverage in the country. 
• The first model focuses on increasing consumer awareness of health insurance, while the second model is about “developing a modified, standardized health insurance product” like ‘Aarogya Sanjeevani’.
  • The “Aarogya Sanjeevani Insurance Policy” guidelines were basically launched to cover the hospitalisation expenses of the COVID-19 patients. The policy is not brought by GoI rather instructed by GoI. 
  • It is a standardised health insurance product launched by the Insurance Regulatory Development Authority of India (IRDAI) in April 2020.
• The third model expands government-subsidized health insurance through the PMJAY scheme to a wider set of beneficiaries. 
  • This model can be utilized for segments of the missing middle which remain uncovered, due to limited ability to pay for the voluntary contributory models outlined above. 
• A combination of the three models phased in at different times can ensure coverage for the missing middle population.
• In the medium-term, once the supply-side and utilization of PMJAY and ESIC is strengthened, their infrastructure can be leveraged to allow voluntary contributions to a PMJAY plus product.
• Sharing government databases such as National Food Security Act (NFSA), Pradhan Mantri Suraksha Bima Yojana, or the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) for agricultural households with private insurers after taking consent from these households.
• The report proposes an OPD insurance with an insured sum of ₹5,000 per family per annum, and again uses average per capita OPD spending to justify the ability to pay.
  • The out-patient department (OPD) care insurance coverage includes doctor consultations, diagnostics, medicines, etc. 
  • The report acknowledges that OPD expenses comprise the largest share of out-of-pocket expenditure on health care. They have a greater role in the impoverishment of families due to healthcare expenses. 

Concerns with the report

A high-level expert group on UHC had expressed reservations about such a health insurance model as the instrument of UHC and advocated a largely tax-financed health system with private sector participation.

• In-patient care: For hospitalisation insurance, the report proposes a model similar to the Arogya Sanjeevani scheme with lower projected premiums of around ₹4,000-₹6,000 per family per annum (for a sum insured of ₹5 lakh for a family of five). 
  • This model is similar to commercial private insurance, except for lower premiums. 
  • These low premiums are achieved by reducing administrative costs of insurers through an array of measures, including private use of government infrastructure.
  • Low premiums are not achieved on account of government subsidies or regulation. 
  • This model is vulnerable to the profit-making greed of conventional private insurance.
  • It is important to remember that even free-of-cost government health insurance for the poor has little penetration in the country. The possible destiny of contributory private health insurance for the Middle class is not well.
• The NITI report ignores the fundamental concepts like significant levels of government subsidy to schemes; not-for-profit mode of operation; and some important guarantees for health. 
• Lacking checks and balances: In Switzerland which has predominantly private insurers and a competitive model of insurance, certain important checks and balances exist: 
  • benefits are mentioned in legislation; 
  • basic insurance is mandatory and not-for-profit; 
  • cream-skimming and risk-discrimination are prohibited. 
  • Such checks and balances have not been discussed in the NITI report.
• Out-patient care: The OPD insurance is envisaged on a subscription basis, which means that insured families would need to pay nearly the entire insured sum in advance to obtain the benefits. 
  • Clearly, this route is unlikely to result in any significant reduction of out-of-pocket expenditure on OPD care, which beats the whole purpose of providing insurance. 
• The wrong path towards UHC:  Universal health coverage means that all people have access to the health services they need, when and where they need them, without financial hardship.
  • No country has ever achieved UHC by relying predominantly on private sources of financing health care. 
  • Evidence shows that in developing countries such as India, with a big informal sector, contributory health insurance is filled with problems. 

Syllabus: General Studies Paper 2

Context:

The Central government promulgated ordinances to give five-year tenure to heads of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). 

Amendment in Acts –

• Delhi Special Police Establishment Act (1946)- the amendment was made under this act to change the tenure of CBI director
• Central Vigilance Commission Act (2003)- by amending this act changes were brought to the tenure of ED  director
• Fundamental Rules, 1922 
  • Fundamental rules are guiding principles applicable to all public servants and cover the full range of their in-service and post-retirement work scenarios.
  • It prohibits the extension of service to any public servant beyond the retirement age of 60 years, except a few, including the Secretary to the Cabinet, those engaged in budget-related work. , eminent scientists, the Cabinet Secretary, the heads of the IB and RAW in addition to the director of the CBI, among others with certain conditions.
  • Amendment was made in rules to bring them in sync with amendments to Delhi Special Police Establishment Act and Central Vigilance Commission Act 

Key provisions

• Earlier media CBI director could be appointed for two years, now the ordinance extends it to three more years thus a total of 5 years tenure. However, no extension can be given after 5 years
• The original fundamental  Rule 56(d) included top functionaries like home secretary, defence secretary, foreign secretary chief of intelligence Bureau and research and analysis wing whose term could be extended by the government to a maximum of two years and beyond
• The amendment to the rule mentions directors of ED as well as CBI along with defence secretary, home secretary, and director of Intelligence Bureau and R&AW secretary.

Pros of the ordinances 

• Two-year tenure for a CBI head is too short for any officer to make an impact on the organisation. The Federal Bureau of Investigation chief in the U.S. gets a 10-year term. 
  • 5-year tenure provides them with the much-needed continuity that a Director needs in an outfit charged with the task of conducting highly sensitive investigations, which sometimes impinge on the longevity and stability of a democratically elected government.
• Better Investigation of cases- the director will have an opportunity to pursue cases longer and thus can help in taking logical conclusions.
• Transparency in extension- All extensions will have to be approved by the PM-led committee where the Chief Justice of India  and Leader of Opposition will also have an opinion

Cons of the ordinance:

• One-Year extensions: At the end of the mandatory two-year tenure, the government will have to issue orders granting one-year extensions at a time. 
  • It would have been better if there was a straight five-year term for the Director. 
  • The rule about three annual extensions can be misused by a tendentious government. 
  • It may be construed as a reward for an obliging Director.
• Promulgation of ordinances- Article 123 of the Indian constitution allows centre and state governments to frame loss through ordinance making however, constitution-makers envisaged a much-restrained use of this practice.
• DC Wadhwa Case (1986)- the Supreme court clarified that Power to promulgate ordinance is essentially a party to meet an extraordinary situation and should not be perverted to serve political ends

Challenges for the autonomy of CBI

• Dependence on State governments: Successive chiefs have suggested the drafting of a CBI Act to ensure that the organisation is not dependent on the State governments, many of which have withdrawn consent for the CBI to function in that State. 
  • The Supreme Court has recently made references to this objectionable development. 
  • Eight States — West Bengal, Maharashtra, Kerala, Punjab, Rajasthan, Jharkhand, Chhattisgarh, and Mizoram — have withdrawn the general consent. 
• The government is sometimes arbitrary in choosing the Director. It is not rare to see temporary appointments given to favour some individuals. Seniority was often ignored in appointments and Directors were removed frequently. 

Need for an independent CBI

• Vineet Narain Case (1997)- in the landmark judgement the Supreme Court held that the agencies need permanent insulation against the external influence and down a dictum that directors of CBI & ED should have a minimum tenure of two years.
• Any dishonest interference in the working of the organisation interrupts straightforward investigations. The government will therefore have to show enormous restraint in its interactions with the head of the CBI.
• As a measure of accountability, the Director will have to keep the government informed of all major administrative decisions. 
• He or she should inform the executive but not take orders from it.

Syllabus: General Studies Paper 3

Context:

The Centre has set in motion the process of creating the National Interlinking of Rivers Authority (NIRA), an independent autonomous body for planning, investigation, financing and the implementation of the river interlinking projects in the country. NIRA, to be headed by a Government of India Secretary-rank officer, will replace the existing National Water Development Agency (NWDA) and will function as an umbrella body for all river linking projects

ABOUT NATIONAL RIVER INTERLINKING PROJECT

• National river linking project aims transfer of water to deficit water basins from water surplus basins by interbasin transfer projects
• The deficit basins are where there are conditions of drought or scarcity of water. The surplus basins aware after the needs of population there is the availability of extra water
• Supreme Court directed the central government to start working on interlinking of major rivers in 2002
• A task force was created and your 2016 was set as a deadline to complete the project for linking 37 rivers
• The national river interlinking project consists of 30 links for connecting 37 rivers through a network of about 3000 storage dams that would lead to the formation of a South Asian water grid
• The project would be under the control of the national water development agency under the ministry of jal Shakti
• There are two components of the project

Himalayan rivers- 

• Under the Himalayan rivers component 14 river links have been identified which includes connecting Ganga and Brahmaputra to Mahanadi basin connecting eastern tributaries of Ganga with Sabarmati and Chambal river systems
• It envisages construction of storage reservoir on Ganga & Brahmaputra rivers and also their tributaries in India and Nepal
• This would help in controlling floods, water availability for irrigation and hydel power generation
• The rivers in the West will receive water from surplus floors of Kosi, Gandak and Ghagra through the linkage
• To provide water to drought-prone areas of Haryana Rajasthan and Gujarat a link between Ganga and Yamuna has also been proposed

Peninsular rivers

• It contains the proposal of 16 links to connect the rivers of Southern India there are four subcomponents-

• Mahanadi and Godavari basins to Krishna Kaveri and vaigai river systems
• Interlinking West flowing rivers that are south of Tapi to North of Mumbai
• Interlinking some west-flowing rivers with east-flowing
• Other linkages like Ken Betwa link, Parvati Kali Sindh rivers to Chambal

BENEFITS

• The solution to droughts and floods- with an effective rainfall period of about 28 days India has a large scale hydrological imbalance. There are regions that receive heavy rainfall which causes floods and at the same time there are places where there are issues of water scarcity and droughts
• Navigation channels- the project will enhance inland navigation. India is still much dependent on road transport for the transfer of goods to the water channels which is cost-effective and at the same time beneficial for the environment. It will also help in reducing the pressure on railways and roads
• Better irrigation facilities-There is a potential for irrigation of about 35 million hectares of land in the western Peninsula due to the interlinking of rivers. Around 50% of the agricultural land is rainfed the dependence on rainfall make the farmers extremely vulnerable and at the same time also hampers the food security of the country. Adequate irrigation facilities would help in increasing crop output and also make agricultural income  more remunerative
• Power generation- the projects have the potential to generate around 34 GW of total power. Since India is majorly dependent on coal-based thermal power plants the enhancement of hydel energy can prove to be an effective step for energy security as well as in achieving various climate goals of the country
• Clean drinking water- about 90 billion cubic metres of clean drinking water supply can be provided with the implementation of the project. It will help to resolve the issue of water scarcity even in the various metropolitan cities of India
• Environmental benefits-The addition of surplus water to the deficit areas would be equivalent to giving new life to the dried up forests and land in the area

CHALLENGES

• Ecological challenges-It would lead to large scale submergence of land because of the construction of dams. Acquiring large areas of land would be required for implementation but there are various issues involved in acquiring land
• Damage to biodiversity-The the area under the project may fall within the protected areas like Ken Betwa link project about two-third of the land falls within Panna tiger reserve. In such cases, it is very difficult to get the environmental clearances as well as it poses the threat to the  flora and fauna of the region
• Rehabilitation of people-Due to submergence and acquiring of land there would be a large-scale displacement of people. It would also result in loss of livelihood opportunities. Adequate compensation and rehabilitation especially for the poor and tribals is also a major challenge in the implementation of the project
• Impact on other countries-Water flow in neighbouring countries like Bhutan Nepal and Bangladesh would also be affected that is why Bangladesh is in opposition to transferring of water from the Brahmaputra to the Ganga
• Water state subject-Water is a state subject under schedule VII of the Indian constitution, so the success of the project depends upon the interstate cooperation
• Funding -The estimated cost of the project is about rupees 5.6 lakh crores making it a highly capital intensive venture. Also report on climate change has predicted the melting of about one third of Hindu Kush glaciers by 2100, if this becomes true when investing a huge amount of money in interlinking of the projects can result in  huge losses since Himalayan rivers then would not have any surplus water to transfer
• Canal irrigation-The proposal of the method of canal irrigation to transmit water from one place to another can also lead to various problems because the maintenance of canals is also a challenge since it involves prevention of sedimentation,  clearance due  to water logging etc